Dingmans Ferry Land Use & Zoning Lawyer, Pennsylvania
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Timothy Jan Mcmanus
Real Estate, Business & Trade, Land Use & Zoning, State and Local
Status: In Good Standing
711 Sarah Street, Stroudsburg, PA 18360
Profile LAWPOINTS™34/100
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Daniel M. Corveleyn
Education, Land Use & Zoning, State and Local, Family Law
Status: Deceased Licensed: 52 Years
Stroudsburg, PA 18360
Profile LAWPOINTS™31/100
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LEGAL TERMS
CONTRACT
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.
BORDER PATROL
The historical term for what is now called the Bureau of Customs and Border Protection ('BCBP'), a branch of the Department of Homeland Security. The primary fu... (more...)
The historical term for what is now called the Bureau of Customs and Border Protection ('BCBP'), a branch of the Department of Homeland Security. The primary functions of the BCBP/border patrol are to guard the borders from illegal entrants and to meet and question immigrants and visitors arriving at airports and other border stops.
YELLOW-DOG CONTRACT
An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.
EVIDENCE
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.
NULLA BONA
Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.
CONDITIONS OF CARRIAGE
The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensatio... (more...)
The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensation you can recover if you're injured on the flight. These provisions often vary from airline to airline. A few, but by no means most, conditions of carriage appear in the fine print on the back of your ticket. To find out about the rest, you can ask the airline for a copy; it is legally obligated to provide one. The conditions of carriage contain a lot of fine print detail and will not make for exciting reading.
ENCROACHMENT
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
MEMORANDUM
(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum-... (more...)
(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum--a document prepared by a junior associate in a law office or a judge's law clerk outlining the facts, procedural elements and legal arguments involved in a particular legal matter. These memos are reviewed by senior lawyers and judges who use them to decide how to proceed with the case. (2) Any written record, including a letter or note, that proves that a contract exists between two parties. This type of memo may be enough to validate an oral (spoken) contract that would otherwise be unenforceable because of the statute of frauds. (Under the statute of frauds, an oral contract is invalid if it can't be completed within one year from the date the contract is made.)
SAMPLE LEGAL CASES
COAL GAS RECOVERY v. Franklin Township Zoning Hearing Board
Coal Gas Recovery and Emerald Coal Resources appeal an order of the Court of Common Pleas
of Greene County (trial court) affirming the grant of a special exception by the Franklin Township
Zoning Hearing Board (Board), which included a condition that was challenged by ...
Spahn v. Zoning Bd. of Adjustment
1135 Samuel C. Stretton, Esq., Law Offices of Samuel C. Stretton, West Chester, for Gary
Spahn, Society Created to Reduce Urban Blight (SCRUB)/MC Tracy/Wynnefield Hghts. Civic
Ass'n/Belmont Village Comm. Ass'n, appellants. ... Richard Gerson Feder, Esq., Cheryl ...
Hafner v. ZONING HEARING BD. OF ALLEN TP.
These cross-appeals arise from a decision of the Court of Common Pleas of Northampton County
(trial court) that affirmed two decisions of the Allen Township Zoning Hearing Board (ZHB). The
proceedings before the ZHB arose from the inquiry of Brian J. Kulp and Melissa J. Kulp ( ...
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